United States v. Prentice, No. 18-11084 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit reversed defendant's sentence for possession of a firearm as a felon. The court held that, contrary to defendant's approach, Shular v. United States, 140 S. Ct. 779 (2020), broadens the understanding of "a serious drug offense" by focusing on the underlying conduct. Therefore, defendant's conviction for that serious drug offense, as well as his two convictions for the violent felony of burglary of a habitation, triggered the Armed Career Criminal Act. The court held that defendant's prison sentence must accordingly be enhanced, and defendant failed to show a plain error regarding his supervised release. The court remanded for reinstatement of defendant's original sentence.
This opinion or order relates to an opinion or order originally issued on January 10, 2020.
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